Sister Of Goleman High Stabbing Victim Says He's Not A Bully

MIAMI (CBSMiami) – Prosecutors have decided against pressing charges against Mauricio Padron, 17, for his role in fight that ended in a stabbing at Barbara Goleman Senior High School.

Padron and Frank Acosta, 18, were involved in the fight last month. Acosta said the incident began with a verbal confrontation with Padron in the school cafeteria over who would get a carton of orange juice.

Acosta said Padron was later lying in wait for him in a stairwell. During the fight, Acosta said he reached for a tiny pen knife, roughly two-inches long, that he kept on his key ring and used it against Padron.

Frank Acosta and his lawyer say Acosta acted in self defense.

"If I hadn't done it they would've killed me they had me by my neck," said Acosta. His lawyer Frank Gaviria added, "It was a classic case of bullying its unfortunate my client had to take the measures that he did to protect himself."

Padron's older sister Mariela says her brother suffered severe injuries.

"This tiny little knife that he said he used to clip his nails, with he almost killed my brother with", she said as she showed pictures of his torso with slashes and stitches. "It's been really hard for our family, everything that has happened, especially for my brother to see his friend calling him a bully."

Padron's sister says she's concerned her brother's been painted as a bully when in fact, until this incident, she says he and Frank Acosta were friends.

Padron's lawyer argued the cell phone video of the fight doesn't tell the whole story.  He says Acosta showed Padron the knife when the two students argued in the cafeteria.  He says Padron was responding to that knife when the fight started in the stairwell.

"I can probably tell you in retrospect if Mauricio had the opportunity of making that decision again he would probably make a different decision this time around.  What we're uncertain as to whether not Mr.  Acosta would make the same decision," said Padron's attorney Robert Pelier.

Padron was originally charged with battery and interference of education. Acosta was charged with possession of a weapon on school grounds and aggravated battery. Prosecutors dropped charges against both students.